CVS Lawsuit Claims Acetaminophen PM Caplets Falsely Advertised as Non-Habit-Forming

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A California consumer has filed a proposed class action lawsuit against CVS Pharmacy, claiming that its supposedly “non habit-forming” Acetaminophen PM Pain Reliever & Nighttime Sleep-Aid Caplets led to habitual usage.

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According to the 28-page case, the plaintiff and countless other customers have been tricked by CVS’s false and misleading representation that the over-the-counter products are non-habit-forming. The lawsuit points to a substantial body of scientific evidence allegedly showing that the caplets’ primary active ingredient, diphenhydramine, is more likely than not to be habit-forming.

Per the filing, diphenhydramine is an antihistamine commonly used to relieve allergy symptoms. The chemical is also used to treat insomnia since it causes drowsiness and sedation, the suit says.

The complaint highlights the potential for dependency on diphenhydramine when used continuously over time and asserts that regular use can lead to decreased effectiveness.

“Tolerance can develop in as little as 1–2 weeks, requiring users to take larger and larger doses for the same sedating effect, and causing dependency in users who find they need diphenhydramine to fall asleep,” the lawsuit contends. “The result is habitual use.”

The plaintiff, who bought acetaminophen PM caplets in May 2024, says CVS has unfairly capitalized on consumers’ desire for safe products that do not cause significant side effects. The woman claims she would not have bought the sleep aids had she known they were falsely advertised.

“Users of diphenhydramine products are often startled by how quickly tolerance slips into dependency, and how quickly dependency can slip into abuse,” the case relays, alleging that the substance elicits a “cocaine-like” pattern of stimulation of dopamine transmission that can lead to misuse.

The lawsuit looks to represent anyone in the United States who purchased CVS Pharmacy’s acetaminophen PM product within the applicable statute of limitations period.

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